What is a Design Patent? A Comprehensive Legal Overview

Definition & Meaning

A design patent is a type of intellectual property protection granted to individuals who create new and nonobvious ornamental designs for articles of manufacture. This patent specifically safeguards the visual appearance of an item, not its functional or structural aspects. For example, if you invent a new chair design, a design patent would protect how it looks, while a utility patent would cover how it works. Design patents are valid for a period of 14 years, and unlike utility patents, they do not require maintenance fees.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A company designs a unique bottle shape for its beverage product. They apply for a design patent to protect the distinctive appearance of the bottle.

Example 2: A furniture maker creates a new style of chair that features a unique curvature. They seek a design patent to ensure that no one else can replicate that specific look. (hypothetical example)

Comparison with related terms

Term Definition Key Differences
Design Patent Protects the ornamental design of an article. Focuses solely on appearance, not function.
Utility Patent Covers new and useful inventions or discoveries. Protects functional aspects, not just appearance.

What to do if this term applies to you

If you believe your design qualifies for a design patent, start by preparing detailed drawings of your design. You can use legal templates from US Legal Forms to help with the application process. If your design is complex or you have questions, consider consulting a legal professional for tailored advice.

Quick facts

  • Duration: 14 years
  • Maintenance fees: Not required
  • Number of claims: One
  • Application requirements: Drawings, various forms

Key takeaways

Frequently asked questions

A design patent protects the appearance of a product, while a utility patent protects its functional aspects.